"I defend people facing felony Ballot Measure 11 charges in the State of
Oregon."

OREGON BALLOT
MEASURE 11 LAWS

ORS
137.700 Offenses requiring imposition of mandatory minimum sentences.
(1) Notwithstanding ORS 161.605, when a person is convicted of one of
the offenses listed in subsection (2)(a) of this section and the offense
was committed on or after April 1, 1995, or of one of the offenses
listed in subsection (2)(b) of this section and the offense was
committed on or after October 4, 1997, or of the offense described in
subsection (2)(c) of this section and the offense was committed on or
after January 1, 2008, the court shall impose, and the person shall
serve, at least the entire term of imprisonment listed in subsection (2)
of this section. The person is not, during the service of the term of
imprisonment, eligible for release on post-prison supervision or any
form of temporary leave from custody. The person is not eligible for any
reduction in, or based on, the minimum sentence for any reason
whatsoever under ORS 421.121 or any other statute. The court may impose
a greater sentence if otherwise permitted by law, but may not impose a
lower sentence than the sentence specified in subsection (2) of this
section.

(2) The offenses to which subsection (1) of this section applies and the
applicable mandatory minimum sentences are:

(a)(A)Murder, as defined in
ORS 163.115. 300 months

(B) Attempt or conspiracy to commit aggravated murder, as
defined in ORS 163.095.

Sec. 3.
(2) The amendments to ORS 137.700 by section 1 of this 2006 Act apply
only to a person who was at least 18 years of age at the time the person
committed an offense described in ORS 137.700 (2)(b)(D), (E), (F) or
(G). [2006 c.1 §3(2)]

ORS 137.712 Exceptions to ORS 137.700 and 137.707.
(1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is
convicted of manslaughter in the second degree as defined in ORS
163.125, assault in the second degree as defined in ORS 163.175 (1)(b),
kidnapping in the second degree as defined in ORS 163.225, rape in the
second degree as defined in ORS 163.365, sodomy in the second degree as
defined in ORS 163.395, unlawful sexual penetration in the second degree
as defined in ORS 163.408, sexual abuse in the first degree as defined
in ORS 163.427 (1)(a)(A) or robbery in the second degree as defined in
ORS 164.405, the court may impose a sentence according to the rules of
the Oregon Criminal Justice Commission that is less than the minimum
sentence that otherwise may be required by ORS 137.700 or 137.707 if the
court, on the record at sentencing, makes the findings set forth in
subsection (2) of this section and finds that a substantial and
compelling reason under the rules of the Oregon Criminal Justice
Commission justifies the lesser sentence. When the court imposes a
sentence under this subsection, the person is eligible for a reduction
in the sentence as provided in ORS 421.121 and any other statute.

(b) In order to make a dispositional departure under this section, the
court must make the following additional findings on the record:

(A) There exists a substantial and compelling reason not relied upon in
paragraph (a) of this subsection;

(B) A sentence of probation will be more effective than a prison term in
reducing the risk of offender recidivism; and

(C) A sentence of probation will better serve to protect society.

(2) A conviction is subject to subsection (1) of this section only if
the sentencing court finds on the record by a preponderance of the
evidence:

(a) If the conviction is for manslaughter in the second degree:

(A) That the victim was a dependent person as defined in ORS 163.205 who
was at least 18 years of age;

(B) That the defendant is the mother or father of the victim;

(C) That the death of the victim was the result of an injury or illness
that was not caused by the defendant;

(D) That the defendant treated the injury or illness solely by spiritual
treatment in accordance with the religious beliefs or practices of the
defendant and based on a good faith belief that spiritual treatment
would bring about the victim’s recovery from the injury or illness;

(E) That no other person previously under the defendant’s care has died
or sustained significant physical injury as a result of or despite the
use of spiritual treatment, regardless of whether the spiritual
treatment was used alone or in conjunction with medical care; and

(F) That the defendant does not have a previous conviction for a crime
listed in subsection (4) of this section or for criminal mistreatment in
the second degree.

(b) If the conviction is for assault in the second degree:

(A) That the victim was not physically injured by means of a deadly
weapon;

(B) That the victim did not suffer a significant physical injury; and

(C) That the defendant does not have a previous conviction for a crime
listed in subsection (4) of this section.

(c) If the conviction is for kidnapping in the second degree:

(A) That the victim was at least 12 years of age at the time the crime
was committed; and

(B) That the defendant does not have a previous conviction for a crime
listed in subsection (4) of this section.

(d) If the conviction is for robbery in the second degree:

(A) That the victim did not suffer a significant physical injury;

(B) That, if the defendant represented by words or conduct that the
defendant was armed with a dangerous weapon, the representation did not
reasonably put the victim in fear of imminent significant physical
injury;

(C) That, if the defendant represented by words or conduct that the
defendant was armed with a deadly weapon, the representation did not
reasonably put the victim in fear of imminent physical injury; and

(D) That the defendant does not have a previous conviction for a crime
listed in subsection (4) of this section.

(e) If the conviction is for rape in the second degree, sodomy in the
second degree or sexual abuse in the first degree:

(A) That the victim was at least 12 years of age, but under 14 years of
age, at the time of the offense;

(B) That the defendant does not have a prior conviction for a crime
listed in subsection (4) of this section;

(C) That the defendant has not been previously found to be within the
jurisdiction of a juvenile court for an act that would have been a
felony sexual offense if the act had been committed by an adult;

(D) That the defendant was no more than five years older than the victim
at the time of the offense;

(E) That the offense did not involve sexual contact with any minor other
than the victim; and

(F) That the victim’s lack of consent was due solely to incapacity to
consent by reason of being under 18 years of age at the time of the
offense.

(f) If the conviction is for unlawful sexual penetration in the second
degree:

(A) That the victim was 12 years of age or older at the time of the
offense;

(B) That the defendant does not have a prior conviction for a crime
listed in subsection (4) of this section;

(C) That the defendant has not been previously found to be within the
jurisdiction of a juvenile court for an act that would have been a
felony sexual offense if the act had been committed by an adult;

(D) That the defendant was no more than five years older than the victim
at the time of the offense;

(E) That the offense did not involve sexual contact with any minor other
than the victim;

(F) That the victim’s lack of consent was due solely to incapacity to
consent by reason of being under 18 years of age at the time of the
offense; and

(G) That the object used to commit the unlawful sexual penetration was
the hand or any part thereof of the defendant.

(3) In making the findings required by subsections (1) and (2) of this
section, the court may consider any evidence presented at trial and may
receive and consider any additional relevant information offered by
either party at sentencing.

(4) The crimes to which subsection (2)(a)(F), (b)(C), (c)(B), (d)(D),
(e)(B) and (f)(B) of this section refer are:

(a) A crime listed in ORS 137.700 (2) or 137.707 (4);

(b) Escape in the first degree, as defined in ORS 162.165;

(c) Aggravated murder, as defined in ORS 163.095;

(d) Criminally negligent homicide, as defined in ORS 163.145;

(e) Assault in the third degree, as defined in ORS 163.165;

(f) Criminal mistreatment in the first degree, as defined in ORS 163.205
(1)(b)(A);

(g) Rape in the third degree, as defined in ORS 163.355;

(h) Sodomy in the third degree, as defined in ORS 163.385;

(i) Sexual abuse in the second degree, as defined in ORS 163.425;

(j) Stalking, as defined in ORS 163.732;

(k) Burglary in the first degree, as defined in ORS 164.225, when it is
classified as a person felony under the rules of the Oregon Criminal
Justice Commission;

(L) Arson in the first degree, as defined in ORS 164.325;

(m) Robbery in the third degree, as defined in ORS 164.395;

(n) Intimidation in the first degree, as defined in ORS 166.165;

(o) Promoting prostitution, as defined in ORS 167.012; and

(p) An attempt or solicitation to commit any Class A or B felony listed
in paragraphs (a) to (L) of this subsection.

(5) Notwithstanding ORS 137.545 (5)(b), if a person sentenced to
probation under this section violates a condition of probation by
committing a new crime, the court shall revoke the probation and impose
the presumptive sentence of imprisonment under the rules of the Oregon
Criminal Justice Commission.

(6) As used in this section:

(a) “Conviction” includes, but is not limited to:

(A) A juvenile court adjudication finding a person within the court’s
jurisdiction under ORS 419C.005, if the person was at least 15 years of
age at the time the person committed the offense that brought the person
within the jurisdiction of the juvenile court. “Conviction” does not
include a juvenile court adjudication described in this subparagraph if
the person successfully asserted the defense set forth in ORS 419C.522.

(B) A conviction in another jurisdiction for a crime that if committed
in this state would constitute a crime listed in subsection (4) of this
section.

(b) “Previous conviction” means a conviction that was entered prior to
imposing sentence on the current crime provided that the prior
conviction is based on a crime committed in a separate criminal episode.
“Previous conviction” does not include a conviction for a Class C
felony, including an attempt or solicitation to commit a Class B felony,
or a misdemeanor, unless the conviction was entered within the 10-year
period immediately preceding the date on which the current crime was
committed.